Florida Probate, Estate Planning, Guardianship, and Trust Law

Most Summary Administration proceedings (available when non-exempt assets do not exceed $75,000, or the decedent died more than two years ago under Fla. Stat. § 735.201) close in 4–8 weeks from filing. Formal Administration proceedings under Fla. Stat. § 733.101 et seq. typically take a minimum of 6–12 months in the Orange County Probate Division. Timeline drivers include the size and complexity of the estate, whether creditors file claims during the 3-month window under Fla. Stat. § 733.702, whether the will is contested, whether out-of-state assets require ancillary proceedings, and the current scheduling demands of the court. Contested estates or those involving tax issues can extend well beyond 12 months.

Summary Administration (Fla. Stat. § 735.201) is the simplified track. It is available when the total value of the estate's non-exempt assets is $75,000 or less, or the decedent died more than two years ago. No Personal Representative is appointed. The court issues an Order of Summary Administration directing each asset holder to distribute to the named beneficiaries. It is faster and less expensive than Formal Administration.

Formal Administration (Fla. Stat. § 733.101 et seq.) is required for all estates that do not meet the Summary Administration threshold and when court supervision of the Personal Representative is necessary. The court appoints a Personal Representative who receives Letters of Administration — the legal authority to act on behalf of the estate. The Personal Representative must give notice to creditors (Fla. Stat. § 733.2121), notice to beneficiaries (Fla. Stat. § 733.212), file an inventory within 60 days of appointment (Fla. Stat. § 733.604), and ultimately file a final accounting before the estate is closed. Formal Administration in Florida requires an attorney to represent the Personal Representative under Fla. Prob. R. 5.030.

Only an "interested person" under Fla. Stat. § 733.109 has standing to contest a will — meaning someone with a legally cognizable financial interest in the outcome of the proceeding. This includes a named beneficiary under the challenged will, a named beneficiary under an earlier version of the will, or an heir at law who would inherit under Florida's intestate succession statutes (Fla. Stat. §§ 732.101–732.111) if the will were declared invalid. A person who would not inherit under any scenario — valid or invalid will — does not have standing. Courts dismiss will contests for lack of standing at the threshold, before any merits argument is heard.

The deadline is 90 days from the date you were served with the Notice of Administration under Fla. Stat. § 733.212. This is a hard deadline — the court does not have discretion to extend it for late discovery of potential grounds. There is an outer limit: a will contest may not be filed after the earlier of the order of final discharge of the Personal Representative or two years from the date of service of the Notice of Administration. Missing the 90-day window extinguishes your right to challenge the will permanently. If you receive a Notice of Administration and have any reason to believe the will may be invalid, consult an attorney immediately.

When a Florida resident dies without a valid will (intestate), the estate is distributed according to Florida's intestate succession statutes under Fla. Stat. §§ 732.101–732.111. Assets pass first to the surviving spouse, then to descendants, then to parents, then to siblings and their descendants, in the priority order established by statute. The Orange County Probate Division appoints an Administrator to manage the estate. Assets with designated beneficiaries (life insurance, retirement accounts, transfer-on-death accounts) and assets held in joint tenancy with right of survivorship pass outside the probate estate regardless of whether a will exists.

Florida Statute § 733.6171 establishes a fee schedule for attorney compensation in probate proceedings based on the value of the probate estate: $1,500 for estates up to $40,000; for additional value up to $70,000, $150 per $1,000; for additional value up to $1 million, 3%; for value between $1–3 million, 2.5%; for value above $3 million, a reasonable fee determined by the court. The court may also authorize additional compensation for extraordinary services — contested administration, tax work, real property sales, or litigation. These scheduled fees represent compensation guidelines, not absolute caps, and parties may agree to different arrangements.